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HomeMy WebLinkAbout2006 12 11 Consent 412 Interlocal Agreement with Seminole County School Board COMMISSION AGENDA ITEM 412 CONSENT December 11, 2006 Meeting Authorization REQUEST: UtilitylPublic Works Department requests City Commission approve an Interlocal Agreement with the Seminole County School Board for Fueling City Vehicles and Equipment. PURPOSE: The purpose of this agenda item is to request authorization to enter into an Interlocal Agreement with the Seminole County School Board for Fueling city Vehicles and Equipment at the School Board Fleet Maintenance Facility on S.R. 434. CONSIDERA TION: This agenda item is needed to address the vehicle and equipment fueling needs for the City. Currently, the City uses approximately 100,000 gallons of gasoline and 20,000 gallons of diesel annually for the 130+ pieces of City owned vehicles and equipment. Gasoline is distributed from the dispenser and underground storage tank at City Hall. State guidelines call for the 10K gallon underground storage tank at City Hall to be replaced by 2009. However, the underground tank monitor wells revealed in 2005 a small leak from a broken fill neck connection that was repaired. Subsequently, the ongoing remediation has required soil removal and replacement, biodegradation, and extensive monitoring which is still ongoing. Staff was considering upgrading equipment and replacing the tank prior to the pending deadlines. However, the cost for a new gasoline fueling facility and tank is estimated to be $100,000 and the City Manager directed staff to investigate alternatives. The obvious alternative was the School Board fleet maintenance facility on S.R. 434 In Winter Springs. After initial discussions between the City Manager and School 121106 COMM Consent 412 School Board Fuel Interlocal Consent Agenda Item 412 December 11, 2006 Page 2 Superintendent/Deputy Superintendent, staff from both entities met to identify issues and develop the attached interlocal agreement. In comparison to our annual usage (1 OOK gas, 20K diesel), the School board uses 200K gallons of diesel and 6K gallons of gas monthlv. They have onsite storage of 60K gallons of diesel and 20K gallons of gasoline. The recently completed facility has 10 diesel dispensers and 4 gas dispensers all under a covered area. The gates are open from 4 AM to 6 PM. The City would be provided swipe cards for after hours access and ID keys for dispensing product for each vehicle. The School Board will provide monthly usage reports with all requested information along with the monthly invoice. FUNDING: This Interlocal Agreement does not require any funding. In exchange for utilizing the School Board facilities, the City will pay the School Board $0.04 per gallon as an administration fee which amounts to approximately $5,000 annually. An analysis was done comparing fuel purchase prices between the City and School Board for the past year and the estimated savings the City can anticipate (including the administration fee costs) would be approximately $15,000 per year. This estimate does not include the capital costs for a fueling depot, insurance costs, labor for record keeping, or storage tank and fuel dispenser maintenance costs that will be reduced or eliminated if this agreement is approved and implemented. RECOMMENDA TION: Staff recommends that authorization be given to enter into an Interlocal Agreement with the Seminole County School Board for the Fueling of City Vehicles and Equipment. ATTACHMENTS: 1. Interlocal Agreement with Seminole County School Board for Fueling City Vehicles and Equipment COMMISSION ACTION: 121106_ COMM _ Consent_ 412 _School_Board_Fuel_Interlocal SCHOOL BOARD OF SEMINOLE COUNTY - CITY OF WINTER SPRINGS INTERLOCAL AGREEMENT FOR FUELING CITY VEHICLES & EQUIPMENT THIS AGREEMENT is entered into on the da y 0 f 2006, between THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, whose address lS Educational Support Center, 400 East Lake Mary Boulevard, Sanford, Florida, 32773-7127, hereinafter referred to as the "SCHOOL BOARD", and the CITY OF WINTER SPRINGS, a Florida Municipal Corporation, whose address lS 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as the "CITY". WIT N E SSE T H: WHEREAS, Florida law provides for interlocal agreements between governmental agencles for the performance of the respective administrative and service functions; and WHEREAS, the CITY and the SCHOOL BOARD recognlze that there lS a economlc, safety and environmental benefit to sharing vehicle and equipment fueling facilities; and WHEREAS, the CITY and the SCHOOL BOARD desire to enter into a mutually beneficial relationship whereby the SCHOOL BOARD will provide the CITY access to the fueling facilities owned and maintained by the SCHOOL BOARD. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is hereby agreed as follows: SECTION 1. TERM The initial term of this agreement shall be from 2007 through June 30, 2007. Thereafter, this agreement shall renew for successive terms of one year (July 1 - June 30) with the affirmative action of the parties unless otherwise terminated. SECTION 2. RESPONSIBILITIES OF THE SCHOOL BOARD. (a) Fuel Facilities Access. The SCHOOL BOARD will provide access twenty four hours a day, seven days a week for the CITY's vehicles and equipment for the purpose of uSlng the gasoline or diesel fuel dispensing equipment owned and maintained by the SCHOOL BOARD. SCHOOL BOARD will provide the necessary security cards for the CITY to utilize the fuel facilities. CITY recognlzes that the SCHOOL BOARD has peak demand times during certain periods of the day and the CITY will make reasonable efforts to avoid fueling during these peak demand periods as identified by the SCHOOL BOARD. (b) Fuel Usage Records. SCHOOL BOARD agrees to provide monthly fuel usage records for each CITY vehicle or CITY piece of equipment properly registered with the SCHOOL BOARD as an authorized vehicle under this agreement. The CITY shall register all vehicles subject to this agreement and only those vehicles registered with SCHOOL BOARD will utilize SCHOOL BOARD facilities. The SCHOOL BOARD may report additional information to the CITY such as mileage or time of use at their discretion ln accordance with their normal practice and procedures, however, the record provided to CITY will contain at a minimum the date, gallons dispensed, and vehicle number. (c) Fuel Shortages. SCHOOL BOARD recognizes the emergency nature CITY's Public Safety and Public Infrastructure functions and agrees to make its reasonable efforts to maXlmlze the available diesel and gasoline inventory on hand prior to and during emergencies and shall not restrict CITY Public Safety and Public Infrastructure vehicles and equipment from using available inventory during times of emergency 2 unless such restriction lS necessary to enable the SCHOOL BOARD to meet its own fuel needs. (d) FUEL. CITY recognizes the SCHOOL BOARD inventory is unleaded gasoline. CITY also recognizes the diesel fuel purchased by the SCHOOL BOARD is low sulfur for on road usage and may include biodiesel from time to time at the discretion of the SCHOOL BOARD. (e) Billing. SCHOOL BOARD agrees to provide monthly bills not later than the 10th of the month following the month for which billing is rendered and the CITY shall pay all bills wi thin 30 days following rendition of a bill along with the fuel usage reports. Fuel costs will be calculated uSlng Average Cost pricing to determine the cost to the City. SECTION 3. RESPONSIBILITIES OF THE CITY. (a) Payment. The CITY agrees to pay an Administration Fee of $0.04 (Four Cents) per gallon in consideration of the services provided by the SCHOOL BOARD. The Administration Fee is subject to reVlew annually. SCHOOL BOARD agrees to provide the CITY 90 (ninety) days written notice prior to changing the Administration Fee. CITY will make payment of fuel invoices within 30 (thirty) days of receipt. (b) Inventory. CITY agrees to provide SCHOOL BOARD a schedule of all vehicles and equipment needing access to SCHOOL BOARD Fuel and only scheduled vehicles and equipment will be fueled under this agreement and promptly notify SCHOOL BOARD of any changes. (c) Taxes. CITY agrees that taxes paid by the SCHOOL BOARD will be included in the bill to the CITY and paid by the CITY. CITY agrees to seek reimbursement from the State. SCHOOL BOARD agrees to not seek 3 reimbursement from the State for fuel taxes paid by CITY to SCHOOL BOARD. SECTION 4 . EXECUTION OF AGREEMENT . This Agreement shall take effect upon execution by both parties and shall remain in force until terminated pursuant to Section 5, and all payments are made current by the CITY. SECTION 5. TERMINATION OF THE AGREEMENT. Either party may terminate this Agreement, at any time, by glv1ng the other party one hundred eighty (180) days written notice thereof. The CITY shall not be relieved of its obligation to compensate the SCHOOL BOARD pursuant to this Agreement for services rendered up to and including the date of termination. Further, SCHOOL BOARD, shall have the authority to suspend this agreement upon not less than forty-five (45) days written notice in the event the SCHOOL BOARD reasonably determines that its' inventory of fuel (diesel and/or gasoline) 1S insufficient to meet its' internal fuel requirements. SECTION 6. NOTICES. (a) Whenever either party desires to give notice unto the other, notice may be sent to: FOR THE SCHOOL FOR THE CITY Superintendent School Board of Seminole County 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 With a copy to: With a copy to: Deputy Superintendent and Dir. of Transportation Services School Board of Seminole County 822 East State Road 434 Winter Springs, Florida 32708 Winter Springs Public Works Director 1126 East State Road 434 Winter Springs, Florida 32708 4 Either of the parties may change, by written notice as provided herein, the addresses or persons designated for receipt of notices. Notice may be oral with contemporaneous notice in writing by U.S. Mail or by facsimile transmission with contemporaneous written notice by U. S. Mail. Notice by mail shall be deemed received upon mailing to the addressees and addresses stated above. SECTION 7. REPRESENTATIONS. The undersigned represents that he is Mayor of the City of Winter Springs; that this document has been reviewed and duly approved for binding execution with all the formalities required by law; and that the CITY has likewise authorized the undersigned to bind the CITY to the terms and conditions contained In this Agreement. SECTION 8. GOVERNING LAW. The laws of the State of Florida shall govern the validity, enforcement and interpretation of this Agreement. Venue for any legal action in connection herewith shall lie only in Seminole County. SECTION 9. PARTIES BOUND . This Agreement is binding upon and shall lnure to the benefit of CITY and SCHOOL BOARD, and their successors and assigns. SECTION 10. RECIPROCAL INDEMNIFICATION. To the extent and only to the extent permitted by 768.28 Fla. Stat., the parties to this agreement agree to indemnify and hold the other party harmless for damage to property or lnJury to persons resulting from the negligent or wrongful acts of the indemnifying party's officers or employees. Further, at no time shall any employee of the SCHOOL BOARD be deemed an employee of the CITY or an employee of 5 the CITY be deemed an employee of the SCHOOL BOARD for any purpose whatsoever. This provision shall surVlve the termination of this agreement until exposure to suit or action at law shall be deemed bared by any statute concerning limitation of action or laches. SECTION 11. ENTIRE AGREEMENT. (a) It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements, negotiations, and previous agreements between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or walvers of the provisions of this Agreement shall be valid only when expressed In writing and duly signed by both parties, except as otherwise specifically provided in this Agreement. SECTION 12. SEVERABILITY. If any provision of this Agreement or the application thereof to any person or circumstance lS held invalid, it lS the intent of the parties that the invalidity shall not affect other provlslons or applications of this Agreement which can be given effect without the invalid provlslon or application, and to this end the provisions of this Agreement are declared severable. SECTION 13. RECORDATION. Upon full execution of this Agreement by the parties, the School Board shall record this Agreement in the public records of Seminole County, Florida in accordance with Section 163.01, Florida Statutes. Upon receipt of the recorded Agreement, the School Board shall send a recorded copy of the Agreement to the City. 6 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. ATTEST: CITY OF WINTER SPRINGS By: ANDREA LORENZO-LUACES, City Clerk JOHN F. BUSH, Mayor Date: ATTEST: SCHOOL BOARD OF SEMINOLE COUNTY By: JEANNE MORRIS, Chairman Date: For the use and reliance of Winter Springs only. As authorized for Commission at its regular meeting execution by the City , 2006, Approved as to form and legal sufficiency. City Attorney KL\kl 11 \27\06 7 \ . SCHOOL BOARD OF SEMINOLE COUNTY- CITY OF WINTER SPRINGS INTERLOCAL AGREEMENT FOR FUELING CITY VEHICLES & EQUIPMENT THIS AGREEMENT is entered into on the I iA day of ~ . 2006, between THE SCHOOL BOARD OF SEMINOLE COUNTY, Florida, whose address is Educational Support Center, 400 East Lake Mary Boulevard, Sanford, Florida, 32773-7127, hereinafter referred to as the "SCHOOL BOARDH, and the CITY OF WINTER SPRINGS, a Florida Municipal Corporation, whose address is 1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as the "CITY". WIT N E SSE T H: WHEREAS, ,Florida law provides for inter local agreements between governmental agencies for the performance of the respective administrative and service functions; and WHEREAS, the CITY and the SCHOOL BOARD recognize that there is a economic, safety and environmental benefit to sharing vehicle and equipment fueling facilities; and WHEREAS, the CITY and the SCHOOL BOARD desire to enter into a mutually beneficial relationship whereby the SCHOOL BOARD will provide the CITY access to the fueling facilities owned and maintained by the SCHOOL BOARD. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is hereby agreed as follows: SECTION 1. TERM The initial term of this agreement shall be fromJ~, 1st; 2007 through June 30, 2007. Thereafter, this agreement shall renew for successive terms of one year (July 1 June 30) unless otherwise modified by the parties. , . SECTION 2. RESPONSIBILITIES OF THE SCHOOL BOARD. (a) Fuel Facilities Access. The SCHOOL BOARD will provide access twenty- four hours a day, seven days a week for the City's vehicles and equipment for the purpose of using the gasoline or diesel fuel dispensing equipment owned and maintained by the SCHOOL BOARD. SCHOOL BOARD will provide the necessary security cards for the CITY to utilize the fuel facilities. CITY recognizes that the SCHOOL BOARD has peak demand times during certain periods of the day and the CITY will make reasonable efforts to avoid fueling during these peak demand periods as identified by the SCHOOL BOARD. (b) Fuel Usage Records. SCHOOL BOARD agrees to provide monthly fuel usage records for each CITY vehicle or CITY piece of equipment properly registered with the SCHOOL BOARD as an authorized vehicle under this agreement. The CITY shall register all vehicles subj ect to this agreement and only those vehicles registered with SCHOOL BOARD will utilize SCHOOL BOARD facilities. The SCHOOL BOARD may report additional information to the CITY such as mileage or time of use. at their discretion in accordance with their normal practice and procedures, however, the record provided to CITY will contain at a minimum the date, gallons dispensed, and vehicle number. (c) Fuel Shortages. SCHOOL BOARD recognizes the emergency nature CITY's Public Safety and Public Infrastructure functions and agrees to make its reasonable efforts to maximize the available diesel and gasoline inventory on hand prior to and during emergencies and shall not restrict CITY Public Safety and Public Infrastructure vehicles and equipment from using available inventory during times of emergency 2 , . unless such restriction is necessary to enable the SCHOOL BOARD to meet its own fuel needs. (d) FUEL. CITY recognizes the SCHOOL BOARD inventory is unleaded gasoline. CITY also recognizes the diesel fuel purchased by the SCHOOL BOARD is low sulfur for on road usage and may include biodiesel from time to time at the discretion of the SCHOOL BOARD. (e) Billing. SCHOOL BOARD agrees to provide monthly bills not later than the 10th of the month following the month for which billing is rendered and the CITY shall pay all bills within 30 days following rendition of a bill along with the fuel usage reports. Fuel costs will be calculated using Average Cost Pricing to determine the cost to the City. SECTION 3. RESPONSIBILITIES OF THE CITY. (a) Payment. The CITY agrees to pay an Administration Fee of $0.04 (Four Cents) per gallon in consideration of the services provided by the SCHOOL BOARD. The Administration Fee is s1,l.bject to review annually. SCHOOL BOARD agrees to provide the CITY 90 (ninety) days written notice prior to changing the Administration Fee. CITY will make payment of fuel invoices within 30 (thirty) days of receipt. (b) Inventory. CITY agrees to provide SCHOOL BOARD a schedule of all vehicles and equipment needing access to SCHOOL BOARD Fuel and only scheduled vehicles and equipment will be fueled under this agreement and promptly notify SCHOOL BOARD of any changes. (c) Taxes. CITY agrees that taxes paid by the SCHOOL BOARD will be included in the bill to the CITY and paid by the CITY. CITY agrees to seek reimbursement from the State. 'SCHOOL BOARD agrees to not seek 3 . . reimbursement from the State for fuel taxes paid by CITY to senOOL BOARD. SECTION 4 . EXECUTION OF AGREEMENT . This Agreement shall take effect upon execution by both parties and shall remain in force until terminated pursuant to Section 5, and all payments are made current by the CITY. SECTION 5. TERMINATION OF THE AGREEMENT. Either party may terminate this Agreement, at any time, by giving the other party one hundred eighty (180) days written notice thereof. The CITY shall not be relieved of its obligation to compensate the SCHOOL BOARD pursuant to this Agreement for services rendered up to and including the date of termination. Further, SCHOOL BOARD, shall have the authority to suspend this agreement upon not less than forty-five (45) days written notice in the event the SCHOOL BOARD reasonably determines that its' inventory of fuel (diesel and/or gasoline) is insufficient to meet its' internal fuel requirements. SECTION 6. NOTICES. (a) Whenever either party desires to give notice unto the other, notice may be sent to: FOR THE SCHOOL FOR THE CITY Superintendent School Board of Seminole County 400 East Lake Mary Boulevard Sanford, Florida 32773-7127 City Manager City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 With a copy to: With a copy to: Deputy Superintendent and Dir. of Transportation Services School Board of Seminole County 822 East State koad 434 Winter Springs, Florida 32708 Winter Springs Public Works Director 1126 East State Road 434 Winter Springs, Florida 32708 4 . Either of the parties may change, by written notice as provided herein, the addresses or persons designated for receipt of notices. Notice may be oral with contemporaneous notice in writing by U. S. Mail or by facsimile transmission with contemporaneous written notice by U.S. Mail. Notice by mail shall be deemed received upon mailing to the addressees and addresses stated above. SECTION 7. REPRESENTATIONS. The undersigned represents that he is Mayor of the City of Winter Springs; that this document has been reviewed and duly approved for binding execution with all the formalities required by law; and that the CITY has likewise authorized the undersigned to bind the CITY to the terms and conditions contained in this Agreement. SECTION 8. GOVERNING LAW. The laws of the State of Florida shall govern the validity, enforcement and interpretation of this Agreement. Venue for any legal action in connection herewith shall lie only in Seminole County. SECTION 9. PARTIES BOUND. This Agreement is binding upon and shall inure to the benefit of CITY and SCHOOL BOARD, and their successors and assigns. SECTION 10. RECIPROCAL INDEMNIFICATION. To the extent and only to the extent permitted by 768.28 Fla. Stat., the parties. to this agreement agree to indemnify and hold the other party harmless for damage to property or injury to persons resulting from the negligent or wrongful acts of the indemnifying party's officers or employees. Further, at no time shall any employee of the SCHOOL BOARD be deemed an employee of the CITY or an employee of 5 .. .. 6 , .. .' .... f.J . . IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. ATTEST: Z'. . rLL For the use and reliance of Winter Springs only. and City Attomey KL\kl 11\27\06 Clerk CITY OF WINTER SPRINGS BY~~ . F. BUSH, Mayor Date: By: SCHOO:;a; qz:wn Barry Gainer: Chairman JOt/I:).. jd.sL Date: As authorized for execution by the Ci ty Commission at its 12/11 , 2006, regular meeting 7